The New Hampshire Employment Law Guide

Employees must be paid within 8 days after the end of the workweek if paid on a weekly basis, and within 15 days of the end of the workweek if paid on a bi-weekly basis.

New employees must be informed of the following: The day wages are paid; The place wages are paid; Their rate of pay.

Employers may not obtain a credit report on an applicant or employee unless they inform them before requesting the report. If an employer discharges, refuses to hire, or takes another adverse employment action because of the report, even in part, they must advise the applicant or employee and provide them with the name and address of the credit reporting agency that produced the report.

New Hampshire requires that employers conduct background checks on the following types of employees: School personnel, including volunteers, except those at nonpublic schools; Day care personnel, including residents if services are offered in-home; Foster care agency personnel who provide care for or have contact with children; Children’s camp personnel; Residential care and health facility personnel, including volunteers, who have direct contact with clients, client records, or client tissue, bodily fluids, or other biological material; Those working for an agency authorized by the department to offer personal care services or intermediary services and who have direct contact with a client.

Employers may not discharge or discriminate against an employee because the employee does any of the following: Reports what they reasonably believe to be a violation of a state or federal law or rule; Opposes or refuses to participate in what they reasonably believe to be a violation of state or federal law; Participates in an investigation regarding an alleged violation of the law.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” New Hampshire’s mini-COBRA allows employees to continue their coverage for up to 18 months. Each individual certification of coverage and summary plan description must contain a notice of the right to continue coverage. We recommend that employers inform their insurer of an employee’s triggering event as soon as it occurs.

Employers are prohibited from retaliating against an employee who requests a flexible work schedule. Employers are not required to oblige the request, but no negative action against the employee can be taken.

Employers may not listen to, record, use, or disclose their employees’ oral communications or telecommunications unless all parties to the communication consent. Other forms of surveillance are prohibited in any place where an employee would not expect to be monitored.

New Hampshire is an “all parties” consent state, meaning every person on a phone call must be aware that they are being monitored or recorded and have consented by placing or continuing the phone call. This means employers may monitor or record phone calls between their own employees only if each employee has been given notice that phone calls may be monitored or recorded.

Employers may not do the following:

Request or require that an employee or prospective employee disclose login information for accessing any personal account or service through an electronic communication device.

Compel an employee or applicant to add anyone, including the employer or the employer’s agent, to a list of contacts associated with an electronic mail account or personal account or require an employee or applicant to reduce the privacy settings associated with any electronic mail or personal account that would affect a third party’s ability to view the contents of the account.

Take or threaten to take disciplinary action against any employee for such employee’s refusal to comply with a request or demand by the employer that violates this subdivision.

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